Abstract
The article considers several methodological and legal issues that arise from the use of quantitative methods to prove intentional discrimination in judicial and administrative proceedings. Following an analysis of the relevance of evidence of adverse impact in intentional discrimination cases, the paper discusses the issues involved in the construction of a measure of adverse impact, i.e., how one identifies the before and after popula tions used as a basis for comparison and inference. The paper next considers the issues involved in the selection of a mathematical formula used to compare the respective treat ment of the minority and majority groups. Finally the article analyzes the issues involved in the selection of a statistical procedure that will enable the decision maker to test the plausibility of the defense that the adverse impact observed in the case was caused by the application of a nondiscriminatory criterion selection or by chance.
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